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CRIMINAL LAW POLICY AGAINST MINORS WHO ARE BULLYING PERPETRATORS IN THE CENTRAL KALIMANTAN REGIONAL POLICE Kezia Friscilla Angelina; Tahasak Sahay; Yurika Fahliany Dewi
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 2 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i2.3799

Abstract

This study aims to understand how criminal law policies are applied to minors who become perpetrators of bullying in the jurisdiction of the Central Kalimantan Regional Police. Using an empirical legal approach, this study examines the application of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA), particularly in the context of restorative justice. The research was conducted through literature review, interviews with police officers, and a review of juvenile case decision documents. The results indicate that juveniles as perpetrators of bullying cannot be treated the same as adults, because psychologically and socially, children are still in the development process. Therefore, resolving cases through diversion or mediation is a more appropriate option to create a sense of justice for all parties. In many cases, the police act not only as law enforcers but also as facilitators in the mediation process between the juvenile perpetrator and the victim, involving parents, schools, and counselors from the Child Protection Agency (BAPAS). However, the restorative approach cannot be applied arbitrarily because there are formal and material requirements that must be met. In addition, challenges faced by the police include a lack of evidence, victims' reluctance to speak out, and delays in reporting. To address these challenges, synergy between schools, families, and the community is needed so that the resolution process doesn't stop at mediation but also results in sustainable behavioral changes in children. This study recommends strengthening training for police officers, providing prevention education in schools, and optimizing the role of families in developing children's character to prevent future bullying.
Legal Protection for Journalists in Defamation Cases Billy Valentino Pihawianu Sinulingga; Yurika Fahliany Dewi; Hilyatul Asfia
Eduvest - Journal of Universal Studies Vol. 6 No. 2 (2026): Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v6i2.52794

Abstract

This research aims to analyze legal protection for journalists in Indonesia by reviewing the normative conflict between the Information and Electronic Transactions (ITE) Law and the Press Law, using the Palangka Raya District Court Decision Number 108/Pid.Sus/2019/PN Plk as a case study. The study employs a normative juridical method with a library research approach, examining legislation, court decisions, and relevant literature. The findings indicate the presence of a normative conflict between the Press Law, which provides dispute resolution mechanisms through the right of reply and mediation by the Press Council, and the ITE Law, which prescribes imprisonment of up to four years for defamation. Data show that fourteen journalists were reported under the ITE Law during the 2019–2021 period due to inconsistent understanding among law enforcement officials, weak implementation of the Memorandum of Understanding (MoU) between the National Police and the Press Council, and subjective interpretation of the element “without rights” under the ITE Law. The acquittal of journalist Yundhi Satrya Siman applied the legal principle of lex specialis derogat legi generali, prioritizing the Press Law as the applicable special regulation. The study formulates criteria for distinguishing protected journalistic activities, which include actions conducted by registered journalists, adherence to the journalistic code of ethics, orientation toward the public interest, and publication through an authorized press company.